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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ZYTRONIC (Trade Mark: Opposition) [2008] UKIntelP o25808 (23 September 2008) URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o25808.html Cite as: [2008] UKIntelP o25808 |
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For the whole decision click here: o25808
Result
Section 5(2)(b): Opposition failed.
Points Of Interest
Summary
The opponent’s opposition was based on its ownership of the mark TRONIC registered in Class 9 in respect of a range of goods which, with the exception of ’visors’ in the applicant’s specification, the Hearing Officer found to be identical or similar to the goods of the applicant.
The applicant filed ‘state of the register’ evidence which the Hearing Officer disregarded. The opponent filed four decisions handed down by OHIM which it claimed showed that OHIM had rejected other marks incorporating its mark TRONIC. Neither the claim nor the evidence impressed the Hearing Officer.
Under Section 5(2)(b) the Hearing Officer compared the respective marks TRONIC and ZYTRONIC, and while he accepted that there was a degree of similarity there was also an element which distinguished them. In particular the Hearing Officer observed that the ZY element has a huge effect in that it helps to create a mark ZYTRONIC which does not bring to mind the opponent’s mark TRONIC. The Hearing Officer went on to dismiss the opposition.